2024-06-10_item_4.14_approve_final_map_and_subdivision_improvement_agreement_in_tract_3225_within_the_mossdale_landing_area

ITEM 4. 14

CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT
3225 WITHIN THE MOSSDALE LANDING AREA
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single
Family Lots and Subdivision Improvement
Agreement with K. Hovnanian Homes Northern
California, Inc.

SUMMARY:

The proposed Final Map for Tract 3225, included as Attachment " C", will subdivide the 13. 26 acre S1 Pond parcel in the Mossdale Landing area. K. Hovnanian Homes Northern California, Inc. (KHOV) is proposing 66 single family lots. A Vicinity Map is included at Attachment " B".

Staff recommends that the City Council approve the proposed Final Map for Tract 3225 and a Subdivision Improvement Agreement ( SIA), included as Attachment " D", with KHOV by Resolution included as Attachment " A".

BACKGROUND:

On January 27th, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project. The land for the proposed Final Map for Tract 3225 is within the geographic boundaries of the VTM.

The developer, Lathrop Mossdale Investors, LP ( LMI), was required to use the low density residential area of Tract 3225 as a recycled water storage pond ( S1) until a river discharge permit was obtained from the Regional Water Quality Control Board RWQCB). LMI retained reversionary rights to the land of S1 to regain the title to the land when alternative means of disposal of recycled water were funded by LMI.

LMI agreed to fund a portion of the Surface Water Discharge Project for the pro -rata share of the S1 pond. On January 8, 2024, Council approved the Project Funding Agreement with LMI and a quitclaim deed to transfer ownership of the S1 property to KHOV at the request of LMI.

CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING

APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA
KHOV is now requesting Council to approve the Final Map for Tract 3225. As required by the Lathrop Municipal Code Chapter 16.6, all final maps must include an SIA to guarantee specific offsite and onsite improvements.

The total estimated cost of the improvements for Tract 3225 is $ 2, 919, 400.

Performance and labor & material securities have been provided to the City with the proposed SIA in the amount of:

Improvement Total: 3, 437,12
Performance Bond ( 150% of Unfinished Improvements) 5, 156,18 Labor & Materials Bond ( 50% of Performance Bond) 2, 578, 059 The SIA also guarantees the construction of the improvements along McKee Boulevard, Brookhurst Boulevard, and Golden Valley Parkway.

Tract 3225 was annexed into a Community Facilities District ( CFD) for maintenance purposes with the approval of the VTM.

Potential Council acceptance of the public improvements will be processed by staff at a later date when the improvements are completed. Prior to acceptance, KHOV will be required to provide a one ( 1) year warranty bond.

As a precondition to record the Final Map, KHOV must satisfy the Escrow Instructions, included as Attachment" E", by depositing necessary sums to guarantee the payment of all fees and providing required documents.

REASON FOR RECOMMENDATION:

KHOV has fulfilled all of the requirements of the City' s subdivision ordinance as listed below:

Documents Status

1. Final Map ready for signature Received

2. Subdivision Improvement Agreement Received

3. Faithful Performance and Labor & Materials Security Received

4. Street Improvement, Landscape, Light & Joint Trench
Plans, Traffic Signal Plans
Received

5. Geotechnical Report Received

6. Allocation of Water and Sewer capacity documents
To be provided in
escrow

7. Escrow Instructions Received

CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING

APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA
PAGE 3
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

3. Sierra Club Settlement fee
To be
escrow
paid in
FISCAL IMPACT:

There is no fiscal impact to the City as all costs are covered by development fees and any shortfalls in the City' s
maintenance and operating costs are covered by the CFD.

ATTACHMENTS:

A. Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single Family Lots and Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc.

B. Vicinity Map - Tract 3225
C. Draft Final Map - Tract 3225
D. Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc. for Final Map Tract 3225
E. Escrow Instructions - Final Map 3225
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING

APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA

APPROVALS
Be ll'f Nabiz dah
Assistant Engineer
Brad Taylor
City Engineer
l
23 ( 1- 4k
Date
Date
s/vi, 24) Zy
C?/ 3/ Z0L,,(
Cari James Date
Finance Director
I 5•3i• zozy
Michael King Date
Assistant City Manger
Salvador Navarrete Date
City Attorney
Stepan 1 Salvatore Date
City Manager
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 3225 WITHIN THE MOSSDALE LANDING AREA, TOTALING 66 SINGLE FAMILY LOTS AND SUBDIVISION
IMPROVEMENT AGREEMENT WITH K. HOVNANIAN HOMES NORTHERN
CALIFORNIA, INC.

WHEREAS, on January 27th, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project; and
WHEREAS, the land for the proposed Final Map for Tract 3225 is within the geographic boundaries of the VTM; and
WHEREAS, the developer, Lathrop Mossdale Investors, LP ( LMI), was required to allow the City to use the low density residential area of Tract 3225 as a recycled water storage pond ( S1) until alternative means of disposal of recycled water were available; and
WHEREAS, LMI retained reversionary rights to the land of S1 to regain the title to the land when the pond is no longer needed by the City as a storage pond; and
WHEREAS, LMI agreed to fund a portion of the Surface Water Discharge Project for the pro -rata share of the S1 pond; and
WHEREAS, on January 8, 2024, Council approved the Project Funding Agreement with LMI and a quitclaim deed to transfer ownership of the S1 property to K. Hovnanian Homes Northern California, Inc. (KHOV), at the request of LMI; and WHEREAS, staff received a request from KHOV to process the Final Map for Tract 3225; and
WHEREAS, as required by the Lathrop Municipal Code Chapter 16.6, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, performance and labor & material securities have been provided with the proposed SIA for Tract 3225 that guarantee the onsite and offsite subdivision improvements for Tract 3225, in the amount as follows:

Improvement Total: 3, 437,12
Performance Bond ( 150% of Unfinished Improvements) 5, 156,18 Labor & Materials Bond ( 50% of Performance Bond) 2, 578, 059 and
WHEREAS, the SIA also guarantees the construction of the improvements along McKee Boulevard, Brookhurst Boulevard and Golden Valley Parkway; and WHEREAS, Tract 3225 was annexed into a Community Facilities District ( CFD) for maintenance purposes with the approval of the VTM; and WHEREAS, potential Council acceptance of the public improvements will be processed by staff at a later date when the improvements are completed. Prior to acceptance, KHOV will be required to provide a one ( 1) year warranty bond; and WHEREAS, KHOV must satisfy the Escrow Instructions, included as Attachment " E" to the City Manager' s Report that accompanies this Resolution, by depositing necessary sums to guarantee the payment of all fees and providing required documents; and
WHEREAS, there is no fiscal impact to the City because all costs are covered by development fees and the City' s maintenance and operating costs for the future public improvement will be paid by the CFD that has been established with the VTM.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approves the following:

1. The Final Map for Tract 3225 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office subject to the K. Hovnanian Homes Northern California, Inc.' s completion of requirements of the escrow instructions.

2. The proposed Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc. and related documents, including herein - referenced escrow instructions attached to the City Manager' s Report that accompanied this Resolution, in substantially the form as attached to the June 10, 2024 staff report.

PASSED AND ADOPTED by the City Council of the City of Lathrop this 10th day of June 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney ammommu

ATTACHMENT
In
O
0017=„ :
31V3S O
O
O
O
7 GOLDEN VALLEYPgRKWAY
1 GOLDEN SPIKE TRAIL
dO
381N3O
3NMO1

UNDERSIGNE
NO
A
O
WIDTH
AS
TH
HOLLOW
FO
W

CONSTRU
MAINTA
OV

SHOWUPO
W
PIPES

APPURTENANCES
UPON,
OVER
AND
UNDER
THE
STRIPS

OF SHOWLAND
N
UPON
SAID
MAP

MARKED '
PUBLIC

UTILITY
EASEMENT" (
PUE).

4. A

NON- EXCLUSIVE

EASEMENT

TOGETHER
46TH

THE RIGHT
TO

CONSTRUCT,
REPAIR
AND

MAINTAIN

LANDSCAPING, OVER
AND
UNDER
THE
STRIPS
OF
LAND
SHOWN
UPON
SAID
MAP

MARKED '

ANDSCAPE

EASEMENT' (
LE).

THEUNDERSIGNED
DOES
HEREBY

RELINQUISH
ANY
AND
ALL
RIGHTS
OF

INGRESS
AND
EGRESS
TO

VEHICULAR

TRAFFIC (

ABUTTERS

RIGHTS)
TO

BROOKHURST

BOULEVARD
AND
GOLDEN
VALLEY

PARKWAY
ALONG
THE
LOT
LINES

INDICATED BY
THE
SYMBOL .
4/. /
TO
ENSURE

MUNICIPAL
WATER

SERVICES TO
ALL
LOTS
SHOWN
UPON
1915
MAP,

ALL WATER
RIGHTS
THAT

THEUNDERSIGNED
MAY
HAVE
WITHIN

THE DISTINCTIVE
BORDER
UPON
THIS
MAP,
HEREBY
ARE

DEDICATED TO

THE CITY
OF
LATHROP.

THIS
MAP
SHOWS
ALL

EASEMENTS OF

RECORD ON
THE

PREMISES
OWNER:

HOVNANIAN
HOMES

NORTHERN

CALIFORNIA,
INC,
A

CALIFORNIA

CORPORATION

PRINTED
NAME: SIGNATURE: DATE: TITLE: OWNER' S
ACKNOWLEDGEMENT:

A
NOTARY
PUBLIC
OR
OTHER

OFFICER
COM

PLETING
THIS

CERTIFICATE

VERIFIES
ONLY
THE

IDENTITY
OF
THE

INDIVIDUAL
WHO
SIGNED

THE DOCUMENT TO
WHICH
THIS

CERTIFICATE IS

ATTACHED,
AND
NOT

THE TRU

THFULNESS,

ACCURACY,
OR

VALIDITY OF
THAT
DOCUMENT.

STATE
OF
CALIFORNIA }
SS

COUNTY OF
ON
2024,
BEFORE
ME
A
NOTARY

PUBLIC,

PERSONALLY

APPEARED

4. 110

PROVED TO
ME
ON
THE
BASIS
OF

SATISFACTORY

EVIDENCE TO
BE
THE
PERSON
WHOSE
NAME
IS

SUBSCRIBED TO
THE
W
ITHIN

INSTRUMENT
AND

ACKNOWLEDGED TO
ME
THAT
HE

EXECUTED THE
SAME
IN
HIS

AUTHORIZED

CAPACITY,
AND
BY
HIS

SIGNATURE ON
THE

INSTRUMENT THE PERSON,
OR
ENTITY
UPON
BEHALF
Of
WHICH
THE
PERSON
ACTED,

EXECUTED THE
INSTRUMENT.
1 CERTIFY
UNDER

PENALTY OF

PERJURY
UNDER
THE
LAW
S
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING

PARAGRAPH IS
TRUE
AND
CORRECT.

WITNESS
MY
HAND:

SIGNATURE: PRINTED
NAME,
NOTARY

PUBLIC IN
AND
FOR
SAID
COUNTY
AND
STATE

PRINCIPAL

COUNTY OF
BUSINESS:

COMMISSION
EXPIRES:

COM
MISSION #
OF
NOTARY:
05- 30- 2024
10: 10am
Ion
raccoon.

P:\
25225\
SRV \
MAPPING\ FM\ TR
3225
FM -

01. 046
5 D. D.

SHEET
N0.
48)

VICINITY
M

AP TONOT
SCALE

SURVEYOR' S
STATEMENT:

THIS
MAP
WAS

PREPARED BY
ME
OR
UNDER
MY

DIRECTION
AND
IS
BASED
UPON A
FIELD
SURVEY
MADE
IN

CONFORMANCE
WITH

THEREQUIREMENTS OF

THE SUBDIVISION
MAP
ACT
AND
LOCAL

ORDINANCE AT

THE REQUEST OF , JUNE, IN
2019.

I
HEREBY
STATE
THAT
THIS
FINAL
MAP

SUBSTANTIALLY

CONFORMS TO

THE APPROVED OR

CONDITIONALLY

APPROVED

VESTING

TENTATIVE
MAP.
1 FURTHER
STATE
THAT
ALL

THEMONUMENTS
SHOWN
HEREON
WILL
BE
OF
THE

CHARACTER
AND
OCCUPY

THE POSITIONS

INDICATED
BEFORE
SAID
FINAL
MAP

IMPROVEMENTS
ARE

ACCEPTED BY
THE
CITY
OF

LATHROP,
AND
THAT
SAID
9O00MENTS
WILL
BE

SUFFICIENT TO
ENABLE
THIS

SURVEY TO
BE RETRACED.

DATED
THIS
DAY
OF
2024.

IAN
BRUCE
M

ACDONALD
LS
NO.
8817,
RIGHT
TO
FARM
STATEMENT:

PER
CITY
OF

LATHROP
CODE
OF
ORDINANCES.

TITLE
15 CHAPTER 15- 48 .
04,
THE
CITY
OF

LATHROP

PERMITS

OPERATION OF

PROPERLY

CONDUCTED

AGRICULTURAL

OPERATIONS
WITHIN
THE
CITY

LIMITS,

INCLUDING
THOSE
THAT

UTILIZE

CHEMICAL

FERTILIZERS
AND
PESTICIDES.

YOU
ARE
HEREBY

NOTIFIED
THAT
THE

PROPERTY
YOU
ARE

PURCHASING
MAY
BE

LOCATED
CLOSE
TO

AGRICULTURAL
LANDS
AND
OPERATIONS.

YOU
MAY
BE

SUBJECT
TO

INCONVENIENCE OR

DISCOMFORT

ARISING
FROM
THE
LAWFUL
AND
PROPER
USE
OF

AGRICULTURAL

CHEMICALS
AND

PESTICIDES
AND
FROM
OTHER

AGRICULTURAL

ACTIVITIES,

INCLUDING WI
TROUT

LIMITATION,

CULTIVATION,

PLOWING,

SPRAYING,

IRRIGATION,

PRUNING,

HARVESTING,

BURNING OF

AGRICULTURAL WASTE

PRODUCTS,

PROTECTION OF
CROPS
AND

ANIMALS
FROM

DEPREDATION,
AND
OTHER

ACTIVITIES
WHICH
MAY

GENERATE
DUST,
SMOKE,
NOISE,
ODOR,

RODENTS
AND
PESTS .

BE
AWARE
ALSO,
THAT
TH: S

PROPERTY
MAY
BE

LOCATED

ADJACENT
TO

AGRICULTURAL

OPERATIONS

OUTSIDE
THE

CITY' S
JURISDICTION.

CONSEQUENTLY ,

DEPENDING ON
THE

LOCATION OF
YOUR

PROPERTY,
IT
MAY
BE

NECESSARY
THAT
YOU
BE

PREPARED TO
ACCEPT
SUCH

INCONVENIENCES OR

DISCOMFORT AS
NORMAL
AND

NECESSARY

ASPECTS OF

LIVING IN
AN

AGRICULTURALLY
ACTIVE
REGION.

STATEMENT OF
SOILS
REPORT:

A
SOILS
REPORT
ENTITLED, "
HARRIS

PROPERTY,

LATHROP,

CALIFORNIA,

GEOTECHNICAL

EXPLORATION,
PROJECT N0 .
16252. 000 .
000
AND
DATED
JULY
11,
2019,
HAS
BEEN

PREPARED
FOR
THIS

PROJECT
BY
ENGEO

INCORPORATED,
AND
THE
LETTER
Of
THIRD
PARTY

RELIANCE,
DATED
DECEMBER 13,
2023,
ARE
ON
FILE
WITH
THE
CITY
OF
LATHROP.
001
COR
ANY
APPROV

ALTERATIO
THERE
1 FURTH
STA
THA
TH
FIN
MA
COMP
WI
ALL

APPLICABLE

ORDINANCES OF
THE
CITY
OF

LATHROP,
AND
ANY

AMENDMENTS

THERETO,

APPLICABLE AT
THE
TIME
OF

APPROVAL OF
THE

VESTING

TENTATIVE
MAP .

DATED
THIS
DAY
OF
2024 .

BRAD
R.

TAYLOR,
R. C .

E.
92823
CITY

ENGINEER OF
THE
CITY
OF

LATHROP,

CALIFORNIA
CITY

CLERK' S
STATEMENT:

I,
TERESA

VARGAS,
CITY
CLERK
AND
CLERK
OF

THE CITY

COUNCIL
OF
THE
CITY
OF

LATHROP,
STATE
OF

CALIFORNIA,
DO
HEREBY
STATE
THAT

THE HEREIN

EMBODIED
MAP

ENTITLED '
TRACT
NO .
3225

SUBDIVISIONS OF
SAN

JOAQUIN

COUNTY,

MOSSDALE

LANDING -
NEIGHBORHOOD 12 '

CONSISTING OF
FOUR (
4)

SHEETS,
WAS

PRESENTED TO
SAID
CITY

COUNCIL,
AS

PROVIDED BY
LAW,
AT
A

REGULAR

MEETING

THEREOF,
HELD
ON
THE
DAY
OF
2024,
AND
THAT
SAID
CITY

COUNCIL
DID

THEREUPON BY
RESOLUTION N0.

DULY
PASS
AND
ADOPT
AT
SAID

MEETING,

APPROVE
SAID
MAP,
AND

AUTHORIZE ITS

RECORDATION
AND
DO
HEREBY
ACCEPT
ON
BEHALF
OF
THE
CITY

OFATHRO
L
FOR
PUBLIC
USE,
THE

DEDICATION OF
ALL

EASEMENTS,

ABUTTERS
RIGHTS
OF
ACCESS
AND
WATER

RIGHTS,
AND
ACCEPT

THE OFFER
OF

DEDICATION OF
ALL

STREETS AS
SHOWN
ON
SAID
MAP

SUBJECT
TO
THE

IMPROVEMENTS
BEING

COMPLETED,
IN

ACCORDANCE
WITH
CHAPTER 16,
TITLE

16. 16
OF
THE
CITY
OF

LATHROP

MUNICIPAL
CODE.

FURTHER
STATE
THAT
ALL
BONDS
AS

REQUIRED BY
LAW
TO

ACCOMPANY THE WITHIN
MAP
HAVE
BEEN

APPROVED BY

THE CITY

COUNCIL
OF

THE CITY
OF

LATHROP
AND
FILED
IN
MY
OFFICE.

DATED
THIS
DAY
OF
2024,
TERESA
VARGAS
CITY
CLERK
AND
CLERK
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF

LATHROP,

COUNTY OF
SAN
3000014 ,
STATE
OF

CALIFORNIA SECRETARY OF
THE

PLANNING

COMMISSION' S
STATEMENT:

THIS
MAP

CONFORMS TO
THE

VESTING

TENTATIVE
TRACT
MAP
N0.
3225

APPROVED BY
THE

PLANNING

COMMISSION ON
THE
2024.

DATED
THIS
DAY
OF
6100600

CACUTAT

SECRETARY OF

THE PLANNING

COMMISSION

COMMUNITY

DEVELOPMENT

DIRECTOR
COUNTY

RECORDER' S
STATEMENT:

FILED
THIS
DAY
OF

OF MAPS
AND
PLATS,
AT
PACE
FEE:
9 2024
2024,
AT .

IN
BOOK
AT

THE REQUEST OF
BY:

STEVE
3 BESTOLARIDES

ASSISTANT/ DEPUTY

RECORDER

ASSESSOR -

RECORDER -
COUNTY
CLERK
SAN
300001N

COUNTY,
CALIFORNIA SHEET 1
OF
4 15225- RES
05 W
98 34
L
5 BNDY- 1123''
n—
a' lo L
1,
m
I"'
la
23 689' 06' 50' W
266. 08'
M. M( R- 1)
T
efl
T.

Is,
R. 6E
SEC
34 M. D. B.&
M.

I
s_
T. 25..

R.
6E.

SEC
3 CRY
OF

LATHROP
M.

D. B.& M.

APN
I91- 190- 15
289.
5 W0
686
124
40Y
R
zssa
8 M.

MjR- 4)

28. 48 03 R- 2)
N89° 06' 50" W
597. 43BNDY( R- 2)
05- 30- 2024

10. 10° m ,°
n
NOcD°° °
Id
P:\
25225\ SR
TM
APPiNL\ 1N\ 1R
3225
1N.-

02. 640
CRY
OF
LATHROP INSTRUMENT NO.
2004- 289129
N37° 17" 44'
W

42. 55'
BNDY R- 2)
87° 59' 16.
35'. 92'( 9. 3)
489° 06' 50' 8
1100.854'(
N89° 06.
50'
W
1097. 87'( 8
PM
N82°
59( 500. 13

M- M( R
4)
R- 5))

SANGHA DOC
N0.
2015- 016982
351. 28'( 2)9- PARCEL A
10 714
63 D
M -
M

MONUMENT TO

MONUMENT
M -
ML

MONUMENT TO

MONUMENT
LINE
M -
PL

MONUMENT TO

PROPERTY
LINE
LE

LANDSCAPE

EASEMENT
PUE
PUBLIC

UTILITY

EASEMENT
M&P
MAPS
AND
PLATS
WE
WALL

EASEMENT
R)
RADIAL

BEARING
RECORD

DISTANCE
S
J.C. R.

SAN
404001N
COUNTY

RECORDS
3:

INDICATES
SHEET
NUMBER
NOTES:

1. ALL

DISTANCES
SHOWN

ARE GROUND
LEVEL
DISTANCES.
2 TRACT
3225,

MOSSDALE

LANDING -
NEIGHBORHOOD 12
CONTAINS 66

RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS,

INCLUDING THE ROADWAY
THAT
IS
BEING

DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN .

REFERENCES: 8-1)
TRACT
N0 .
3379, MAPS
PLATS
BK .
39,
PC.
22,
S .

J .

C. RR- 2
DOC .

N0 .
2003- 292238,
S. J .

C .

R ,
R- 3
DOC .

N0.
2003- 292239,
S. J .

C .

R ,
R- 4
TRACT
N0.
3437, MAPS
PLATS
BK .
40,
PC.
49,
S. J .

C. R.

BASIS
OF
BEARINGS:

THE

BEARING
NORTH
01' 50' 30"
WEST
BETWEE
THE
FOUND

MONUMENTS ON
MCKEE

BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND

PLATS ,
AT
PAGE
22,
SAN

JOAOUIN
COUNTY

RECORDS,
WAS
USED
AS
THE
BASIS
OF

BEARINGS
SHOWN
HEREON
TRACTNO .
3225

SUBDIVISIONS OF
SAN

JOAQUIN
COUNTY

MOSSDALE

LANDING -
NEIGHBORHOOD 12
SAN

JOAOUIN
COUNTY

RECORDS,

BEING A

PORTION OF

SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
OF

LATHROP
SAN
408041N

COUNTY,

CALIFORNIA
SHEET 2
OF
4 MACKAY
8c
5omPs

ENGINEERS

PLANNERS

SURVEYORS
5I42B

FRANKLIN OR,
SUITE
B
PLEASANTON .

CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
98 23'
28 II
I
III
LEGEND
488
66007 2
SF
480° 09' 470
110. 177
00'
6 6600' 3
SF
808° 09' 47° E
110. 00'
6600! 4
SF
888° 09' 47' E
110. 00'
6600'- 5
SF
B8° 09'
47 0
110. 00'
6600! SF
88°
09' 47. 6
110. 00'
10'
80E
66001 7
SF
488°
09' 47' E
110. 00'

DISTINCTIVE
BORDER
RIGHT
OF
WAY
LINE
LOT

LINE/ PARCEL
LINE

SECTION

LINE EXISTING

PROPERTY
LINE

EASEMENT
LINE

MONUMENT RELINQUISHMENT LINE
OF

ABUTTER'
S
RIGHTS
O
FOUND 2
1/2"
BRASS
DISK
IN

CONCRETE

MONUMENT

BOX UNLESS

OTHERWISE
NOTED
OP
0>- BNDY EX CL M -
M
M -
ML
M -
PL
LE
N89° 37' 4(32' 9)
100.
4= 2
32' 12' 41'
L=12. 66'
1 10'
PUE
J
6775022 N88° 57
09' 47' 6
100. 0
64500 21
SF
488°
09'
47'
E
100. 00
64500 20
SF
088°
09' 47" E
100. 00'
64504 19
SF
888° 09' 47°
E
100 0
00'
Y64501 18
SF
10'
PUE
888' 09' 47' 4
100.
00'
05- 110- 2024

12. 51gn
Ian
Moc3onoia
P_\
25225\ SRV\ G\ M4PP'
FM \
TR
3225
FM- 03. DWG
7 s.

L
TRA
N7
272
I
r

42. 4z'
10'
PUE 73340 24 41°
5F
50' 13' 4

20. 4=
49' 4°59' 52' 028. 2.
61'
62621
0= SF
3°55' 42'
L=22. 49'
60000 26
SF

60. 00'
19 A= 3° I1'
55' 34'
NB2° 54. 000541. 4
1-
L= 51. 10' 90. F1=
00'
488° 10' N87° 21' 6
21 '
51 `
W- - -
0 9=19° 28' 18'

67. 70'

46. 69' -
m
L. 30. 59'
ry
o .
m
488° 10' 276 19. 69'

WEATHERVANE
2DRIVEW
azzzs'- MM - -
p
ti
482° 54' 405'
173. 97.

A.
05 60
412
71850
SF
A=9° 0 04'29' 14. 90'
55 SEE
SHEET 4
SET
2 1/
2"
BRASS
DISK
STAMPED "
LS
8817" M

MONUMENT
BOX
PER
CITY
OF

LATHROP

STANDARDS
ANGLE

POINT CENTERLINE BOUNDARY EXISTING MONUMENT TO

MONUMENT

MONUMENT TO

MONUMENT
01140

MONUMENT TO

PROPERTY
LINE

LANDSCAPE

EASEMENT
272. 8=
00'

4. 29'
8° 4=
55' 34'
L=42. 38' 79360
SF
60000
SF
60000
SF
488° 10' 21' E
85650
SF
442° 54' 405' 466.

09. 47.
5 125. 10'
1D'
PUE
PUEM&P
R)WE S. J. 0R
73600
SF
488°
09' 47° E
120. 24'
PUBLIC

UTILITY

EASEMENT
MAPS

AND PLATS
WALL

EASEMENT
RADIAL

BEARING
RECORD

DISTANCE
SAN

JOAQUIN
COUNIY

RECORDS

INDICATES
SHEET
NUMBER
2 59934 27
SF ,,
161 1A 9° A=
59' L= s,14' 15. 69'
407° 05' ERS5" 44
482° 54' W05°
129. 23'
76320
5F
73120
SF
64 BASIS
OF
BEARINGS:

THE

BEARING
NORTH
01' 50' 30"
WEST

BETWEEN
THE
FOUND

MONUMENTS ON
MCKEE

BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS,
AT
PAGE
22,
SAN

JOAQUIN
COUNTY

RECORDS ,
WAS
USED
AS
THE
BASIS
OF

BEARINGS
SHOWN
HEREON.
126040
SF
A=5 °
20' 05 '
0=6 .
15'
1 R= 90. 00'A=19° 28' 18'
31 1
L=30. 59'
67450
SF
062° 34' W30'
112, 00'
67200
5F
862 °
34' W30°
112 .
00 '
33 10'
POE
67200
SF
34 Curve
Table
Curve
4 Radius
Delta
Length
G1

20. 00'
90 °
00' 00'
31 .
42 '
C2

20. 00'
90 °
00' 00'

31. 42'
NOTES:

1. ALL

DISTANCES
SHOWN

ARE GROUND
LEVEL
DISTANCES.
2 TRACT
3225.
9055DALE

LANDING -
NEIGHBORHOOD 12
CONTAINS 66

RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS.

INCLUDING THE ROADWAY
THAT
IS
BEING

DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN .

TRACT
NO.
3225

SUBDIVISIONS OF
SAN

JOAQUIN
COUNTY

MOSSDALE
LANDING •
NEIGHBORHOOD 12
SAN

JOAQUIN
COUNTY

RECORDS,

BEING A

PORTION OF

SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
OF

LATHROP
SAN

JOAQUIN

COUNTY,

CALIFORNIA
REFERENCES: 1R- 1
TRACT
NO.
3379 ,
MAPS &
PLATS
BK .

39. PG.

22. 30. 0. 8.

R- 2
DOC. NO.
2003- 292238, S .

J.0 .

R .

R- 3
DOC. N0.
2003- 292239, 5 .

2. 08 .
18- 4
TRACT
N0.
3437 ,
MAPS &
PLATS
BK .

40. PC .
49,
SJ. C. R .

SHEET
3 OF
4 MACKAY &
soups

ENGINEERS

PLANNERS

SURVEYORS
51428
FRANKLIN 0R ,
SUITE
B

PLEASANTON,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
655
EE
s
5 16Y Q1
Y
NB9°
0' 54. 4404
266.
08'
M -
M -
PL
M
M -
PL 28
ml
05- 30- 2024
1257pm
N86
88) 09' 47' E
110. 00'
6600'- 10
SF
00 N88
100
47 N8B°
09' 47' E
110. 00'
988. 09'
47'
E
110. 00
1 10'
PUE of12 a t1
885-
5±
SF
1 A=20. 00'
11- 5, 9, 87) 18' 40. L±30 .
47'

91. 05'
6450± 15
SF
N88° 09' 47' 6100
6450± 14
SF 88'
09'
47'
0 100. 00'
7642± 13
SF
10'
PUE

79. 489° 06' 50' 9
170. 19
889)
06'
50' W
271. 31'
N -
M
244. 28'
M -
8L
28 28' N88'
47' 09'
E
10'
PUE
82341 59
SF 00.
00 7889± 60
SF
10' PUE
1 74. 74'

75. 67'
N89° 06' 50' 4
150. 42'
N89° 06' S0' W
238. 19'
M -
M
APPLE
GROVE
AVENUE
N89° 06' 50' 4
375. 19'

53. 78'
1 60. 00
A- 20. 00'
8=92° 43' 27'
L=

32. 7142± 48 37'
SF

70. 00'
47 0
6000±
SF

60. 00'
T
I5,
R

5. 580
34 81. 0 ±.

NM.

T05

8. 6E
550
3 M.

D. B
NM .

Ion
Mo[
Don
al4 ± \
25225\ SRV\ MAPPINC\ FM\ TR3225
FM -

04. DWG 601
0'
6000± 46
5F

60. 00' 6000, 45
SF
60 Ow

60. 00
CITY
OF

LATHROP
APN
191- 100- 15
221

60. 00' 60. 00'
44 0
6000±
SF
60001 43
SF 60.
00'
60 .
00' 489'
05'
50'
W
597. 43'
BNDY
CRY
OF
LATHROP INSTRUMENT NO.
2004- 289129
8190. 00920, 3T6g• N78 °
3902' W( Rj

27. 41'
L3226

3. 166
e=40 °
072' '
88° 10' 28'
1=46? 2
L=9. 42'
NO ` 53'
6076± 42
5F °

62. 00'
66181 41
5F 96 .
01'
6=9 °
54'1E) I
01'
38 L =

15. 55'
8713_
SF
NB2° 34' 8430'
110. 66'
NB7 °
31_ 29
E( R)
6=10 °
37' 58 '
rr
L=16. 70'
m
9-a 3
U O
SECTIO
LINE

EXISTING

PROPERTY
LINE

EASEMENT
LINE

MONUMENT
LINE

RELINQUISHMENT OF

ABUTTER' S
RIGHTS
FOUND 2
1/ 2)
BRASS
DISK
IN

CONCRETE

MONUMENT

BOX UNLESS

OTHERWISE
NOTED
SET
2 1/2"
BRASS
DISK

STAMPED
l5
8817'
IN

MONUMENT
BOx
PER
COY
OF

LATHROP

STANDARDS
ANGLE
POINT
BNDY

BOUNDARY
CL

CENTERLNE
Ex
0X151140
M -
M

MONUMENT TO

MONUMENT
M -
ML

MONUMENT TO

MONUMENT
LINE
M -
PL

MONUMENT TO

PROPERTY
LINE
LE

LANDSCAPE

EASEMENT
PUE
PUBLIC

UTILITY

EASEMENT
M&P
MAPS
AND
PLATS
WE
WALL

EASEMENT
R)
RADIAL

BEARING
RECORD

DISTANCE
S. J .

C. R.

SAN
00400186
COUNTY

RECORDS
Cf.)

INDICATES
SHEET
NUMBER
1 ALL NOTES:
0251ANCES
SHOWN

ARE GROUND
LEVEL
DISTANCES.

2. TRACT
3225.

MO5SOALE

LANDING -
NEIGHBORHOOD 12
CONTAINS 66

RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS,

INCLUDING THE ROADWAY
THAT
15 BEING

DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN.

REFERENCES: R- 1
TRACT
N0 .
3379,
MAPS &
PLATS
BK .

39. PG.

22. 5. J .

C .

R- 2
DOC.

N0 .
2003- 292238.

S. J .

C .

R .

R- 3'
DOC.

N0.
2003- 292239,
S. J. C. R.

R- 4
TRACT
N0 .
3437,
MAPS &
PLATS
BK .
40,
PC .
49,
SJ .

C .

R .

BASIS
OF
BEARINGS:

THE

BEARING
NORTH
01' 50' 30 "
WEST

BETWEEN
THE
FOUND

MONUMENTS ON
MCKEE

BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS

AND PLATS,
AT
PAGE
22,
SAN

JOAOUIN
COUNTY
RECORDS.

WAS
USED
AS
THE
BASIS
OF

BEARINGS
SHOWN
HEREON. TRACT
NO.
3225

SUBDIVISIONS OF
SAN

JOAQUIN
COUNTY

MOSSDALE

LANDING -
NEIGHBORHOOD 12
SAN
305981N
COUNTY

RECORDS,

BEING A

PORTION OF

SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE &

MERIDIAN
CITY
OF

LATHROP
SAN

JOAQUIN

COUNTY,

CALIFORNIA
SHEET
4 OF
4 MACKAY &
somPs

ENGINEERS

PLANNERS

SURVEYORS
5I42B
FRANKLIN DR .
55118
B
PLEASANTON .

CA
94588 (
925) 225- 0690
APRIL
2024
25225- RE5
ATTACHMENT" 2 "

CITY OF LATHROP

SUBDIVISION IMPROVEMENT AGREEMENT
MARIPOSA — TRACT 3225
K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.

This Subdivision Improvement Agreement (" Agreement") is made and entered into this 10th day of June, 2024 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California (" CITY') and K. Hovnanian Homes Northern California, Inc., a California Corporation (" SUBDIVIDER"), regarding APN: 191-9- 032 located within the City of Lathrop (" PROPERTY') .

RECITALS
A. On January 27th 2003, CITY approved Vesting Tentative Map for Tract 3225 VTM) to create 66 residential lots on 13. 26 acres of land.

B. SUBDIVIDER intends to record one Final Map for Tract 3225 to complete the Mariposa Subdivision, as shown in Exhibit " A" (hereinafter " Final Map"). The land for the proposed Final Map is within the geographic boundaries ofVTM.

C. SUBDIVIDER shall be responsible for compliance with all Conditions ofApproval associated with, including, without limitation, the construction or cash deposit of specified improvements ( as that term is defined below) as described more fully herein.

D. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make certain offers of dedication and to construct certain Improvements required under the Conditions of Approval on the VTM (collectively, "COAs") and as identified in the approved Final Map, Improvement Plans and this Agreement.

For purposes of this Agreement, the term " Improvements" shall collectively mean all public improvements required under the COAs and as expressly set forth in this Agreement that will provide services and access to lots within the Final Map and the term " Improvement Plans" shall collectively refer to the Improvement Plans approved by CITY.

AGREEMENT
NOW, THEREFORE, in consideration of CITY' S pending ( 1) approval of the Final Map on June 10, 2024, and subsequent recordation; (2) approval of Improvement Plans in accordance with the terms of this Agreement and all applicable laws and regulations, the parties hereto mutually covenant and agree as follows:

1. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the Improvements as specified and in accordance with the provisions of this Agreement. All Improvements shall be constructed to the reasonable satisfaction and approval of the City Engineer, in an ethical and workmanlike manner in accordance with the approved Improvement Plans and specifications, the applicable improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City Lathrop, and the applicable provisions of the California Subdivision Map Act.

2. SUBDIVIDER shall complete, and CITY shall have accepted all Improvements by June 10, 2025, subject to any extension( s) provided for herein and as otherwise expressly provided for in this Agreement. Provided, however, that said deadline shall be extended for twenty- four 24) months upon SUBDIVIDER' srequest to CITY, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.

3. CITY, or its agent( s), shall, at any time during the progress of the Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.

5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.

6. The parties acknowledge and agree that SUBDIVIDER is removing any existing well sites as required in accordance with applicable laws and regulations, including those required by the County Environmental Health Department. The parties further acknowledge and agree that SUBDIVIDER is conveying any and all of SUBDIVIDER' Sgroundwater rights associated therewith, if any, to CITY via the Final Map.

7. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done and from any defects in materials furnished. Further, SUBDIVIDER shall repair and warranty the Improvements in good condition and in accordance with CITY specifications for one 1) year after CITY' Sacceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with CITY a Warranty Bond in the amount equal to 10% of the final construction cost ( Cost x 10%) for the Improvements for Tract 3225 to ensure SUBDIVIDER' srepair and warranty of the Improvements in accordance with the terms ofthis Agreement. The Warranty Bond shall be released at the end ofthe one- year guarantee period provided no claims against it are then outstanding.

8. IfSUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair, replace or reconstruct any defects, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY. Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY to complete and/ or repair, replace, or reconstruct the Improvements, even if SUBDIVIDER subsequently completes the work.

9. The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security ( including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' sfees pursuant to Government Code Section 66499. 4, incurred by the CITY, in addition to the costs of the improvements shall be a
proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

10. SUBDIVIDER is required to post Performance and Labor & Materials bonds to guarantee the Improvements associated with the Final Map as included and described in Exhibit C" of this Agreement. The amount of performance security shall be equal to the unfinished Improvement cost plus a 50% contingency (Cost x 150%). The corresponding labor and materials bond amount shall be 50% of the performance bond amount ( Performance Security x 50%).

Further, SUBDIVIDER shall also comply with CITY' sinsurance requirements set forth on Exhibit B" attached hereto and incorporated herein. The Performance and Labor & Materials bond values are shown in Table 1 of this Agreement.

Table 1— Bond Values
Improvement Total 3, 437,12
Performance Bond Value ( 150% of Unfinished Improvement Total) 5, 156,18 Labor & Materials Bond Value ( 50% of Performance Bond Value) 2, 578, 059

11. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the offsite improvements required by the Tract 3225 COA' s of the VTM. SUBDIVIDER shall obtain or cause to be obtained an encroachment permit, prior to commencing any work in the City Right -of -Way, from City for the improvements listed in subsection " a", and " b" below. The guarantees for the offsite improvements shall be included with the guarantees of the Project shown in Table 1 above. The offsite improvements include, but are not limited to, completion of the following offsite improvements ( hereinafter collectively referred to as " Offsite Improvements"):
a. Brookhurst Boulevard and Golden Valley Parkway Improvements: The applicant shall repair any existing pavement if determined to need maintenance by the City Engineer, install landscaping and irrigation, and repair any concrete sidewalks or curb ramps along the frontage of the Project that are not compliant with current ADA and City Standards.
b. McKee Boulevard Improvements: The applicant shall repair any existing pavement if determined to need maintenance by the City Engineer, construct curb, gutter, sidewalk, and install landscaping along the frontage of the Project.

12. As required by COA No. 53 of the VTM that runs with the PROPERTY, SUBDIVIDER is required to complete or guarantee all required traffic signals, off -site street improvements and interchange improvements based on the City' s Traffic Monitoring Program TMP) for each phase and with the appropriate final map. A traffic signal is required at the intersection of Brookhurst Boulevard and Golden Valley Parkway and therefore SUBDIVIDER, in compliance with COA No. 53, shall deposit with CITY $ 215,9 prior to recordation of the Final Map as their fair share of the traffic signal.

13. Pursuant to the City of Lathrop Municipal Code section 16.60, SUBDIVIDER is required to construct all frontage improvements as detailed in the above code section.

Improvements that are the responsibility of the SUBDIVIDER have been constructed on Golden Valley Parkway by another developer and the CITY reimbursed that developer for the costs of said improvements. Therefore, instead of constructing the improvements, SUBDIVIDER is responsible for reimbursing the CITY for it fair share of costs of the improvements. PROPERTY fronts 563, 021. 84 of improvements on Golden Valley Parkway, therefore, SUBDIVIDER shall deposit with CITY $ 563, 021. 84 prior to recordation of the Final Map as their fair share of costs of the improvements.

14. SUBDIVIDER shall, prior to offering dedication of improvements to CITY, provide or cause to be provided the GIS layers and attributes in compliance with the City Standards effective at the time of offering dedication of improvements to CITY related to Tract 3225 as well as the Offsite Improvements.

15. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDIVIDER' Sagents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement on SUBDIVIDER PROPERTY other than the parcels of the subdivision owned by SUBDIVIDER and its successors and assigns).

16. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property from the subdivision of all or any part of the land covered by this Agreement.

17. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, the " Indemnitees"), harmless from any liability for damage or claims which arises from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, lessees, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any of SUBDIVIDER' Scontractors, subcontractors, lessees, orby any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' Scontractors or subcontractors.

18. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings of any type that maybe brought or instituted against CITY and the Indemnitees on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER performance or non- performance ofits duties and obligations under this Agreement, or from the negligent act or omission of itself, its agents, contractors, representatives, servants or employees, except in the event and to the extent said claims resulted from the gross negligence or willful misconduct of CITY and/ or the Indemnitees.

The promises and agreement to indemnify and hold harmless set forth in this Paragraph are not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not, waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages ofevery kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this Paragraph 20, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.

19. Neither SUBDIVIDER nor any of SUBDIVIDER' Sagents, contractors, lessees or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' Sobligations under this Agreement. Neither CITY nor any of CITY' s
agents, contractors, lessees or subcontractors are, or shall be, considered to be agents of SUBDIVIDER in connection with the performance of any work contemplated under this Agreement. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY, which such consent shall not be unreasonably delayed, conditioned or denied, except that this Agreement may be assigned to any purchaser or transferee of an interest in all or a part of the SUBDIVIDER PROPERTY without the need for CITY consent. If such consent is given, or not required, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of SUBDIVIDER shall be jointly and severally liable hereunder unless SUBDIVIDER and its assignee have executed an Assignment and Assumption Agreement in which case SUBDIVIDER shall be released from all of its obligations hereunder so assigned to the assignee. Notwithstanding anything to the contrary in the foregoing, SUBDIVIDER shall be permitted to assign its rights and obligations under this Agreement to any " Affiliate", which is defined to mean an entity or person that is directly or indirectly Controlling, Controlled by, or under common Control of SUBDIVIDER. The term " ControP' as used herein, shall mean the power to direct the day- to- day management of SUBDIVIDER, and it shall be a presumption that Control with respect to a corporation or limited liability company is the right to exercise, directly or indirectly, more than fifty percent ( 50%) of the voting rights attributable to the Controlled corporation or limited liability company, and, with respect to any individual, partnership, trust, other entity or association, Control is the possession, indirectly or directly, of the power to direct or cause the direction of the day- to- day management of the controlled entity.

20. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the project site. The SUBDIVIDER' S
obligation to provide the Improvements shall not be
satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER shall form Community Facilities Districts to finance maintenance and improvements within 2 months of Final Map approval. The CITY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

21. SUBDIVIDER shall, at its expense, require or cause to require all its contractors and sub -contractors to obtain and maintain all necessary permits and licenses for construction of the Improvements, and commercially reasonable insurance. Prior to the commencement of said Improvement construction, the General Contractor/ subcontractors shall obtain a City of Lathrop Business License. SUBDIVIDER and CITY, as applicable, shall comply with all applicable local, state and federal laws applicable to this Agreement whether or not said laws are expressly stated in this Agreement.

22. This Agreement and the Exhibits attached hereto comprise the entire understanding and agreement between the parties regarding the subject matter of this Agreement. The Recitals are incorporated into this Agreement by this reference, as if fully set forth herein.

23. Notices. For purposes of this Agreement, " notice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either party may later specify for that purpose.

24. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:

If to CITY:

With a copy:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Email: website cco( ai. Iathrop. ca. us
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: website_ cao@ci. lathrop. ca. us
If to SUBDIVIDER: K. Hovnanian Homes Northern California, Inc 3721 Douglas Boulevard, Suite 150
Roseville, CA 95661
Attn: John Baayoun
Email: JBaayoun@KHOV. COM
The date of any notice shall be the date ofreceipt, provided that, rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either party may change its address for notice by giving notice to the other party in accordance with this Paragraph 26.

27. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Exhibits. The following exhibits are attached to this Agreement and are incorporated to this Agreement by this reference:

EXHIBIT A: FINAL MAP TRACT 3225
EXHIBIT B: CITY INSURANCE REQUIREMENTS
EXHIBIT C: TOTAL IMPROVEMENT ESTIMATE
d. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; epidemics and related governmental orders and restrictions; quarantine restrictions; freight embargoes; materials shortages and/ orinability to obtain materials due to tariffs, governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entity ( except that acts or failures to act of CITY shall not excuse performance by CITY); or moratorium ( each a " Force Majeure Delay"). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice ( as that term is defined above) by the party claiming such extension is sent to the other party within sixty ( 60) days of the commencement of the cause. e. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. g. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. h. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
i. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
j. Time of the Essence. Time is of the essence of this Agreement and each of its provisions ( subject to Subparagraph 27( d)). In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first day and including the last. Ifthe time in which an act is to be performed falls on a Saturday, Sunday or any day observed as a
legal holiday by CITY, the time for performance shall be extended to the following business day.
k. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin. The party in whose favor judgment is entered shall be awarded reasonable attorneys' fees.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 10th day of June 2024.

CITY OF LATHROP,
A California municipal corporation of the
State of California
By:

Stephen J. Salvatore Date
City Manager
ATTEST:

City Clerk of and for the City
of Lathrop, State of California
By:

Teresa Vargas
City Clerk
Date

APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY By:

Salvador Navarrete
City Attorney
S - 7-7- to Z
y
Date
SUBDIVIDER:

By: K. Hovnanian Homes Northern California, Inc
a California Corporation
John Baayoun Date
Division President

EXHIBIT A
FINAL MAP TRACT 3225

NEIGHBORM

PURPOSES

WEATHERV
2 PURPOSES
W
M

SOUN DW
STRIP
SHO
M

APPURTENA
UPO
N
OVE
AN
TH
UNDE
E

OF STRI

SHOWLAN
N
UPO
SAI
MAP

MARKED '
PUBLIC

UTILITY

EASEMENT' (
PUE).
4 A

NON- EXCLUSIVE

EASEMENT

TOGETHER
WITH
THE
RIGHT
TO

CONSTRUCT,
REPAIR
AND

MAINTAIN

LANDSCAPING,
OVER
AND
UNDER
THE
STRIPS
OF
LAND
SHOWN
UPON
SAID
MAP

MARKED '

LANDSCAPE
EASEMENT"
LE).

THEUNDERSIGNED
DOES
HEREBY
REL1400104
ANY
AND

ALL RIGHTS
OF

INGRESS
AND
EGRESS
TO

VEHICULAR

TRAFFIC (

ABUTTERS

RIGHTS)
TO

BROOKHURST

BOULEVARD
AND
GOLDEN
VALLEY

PARKWAY
ALONG
THE
LOT
LINES

INDICATED BY
THE

SYMBOL / /
0//
TO
ENSURE

MUNICIPAL
W
ATER

SERVICES TO
ALL
LOTS
SHOW
N
UPON
THIS
MAP,

ALL WATER
RIGHTS
THAT

THEUNDERSIGNED
MAY
HAVE
WITHIN

THEDISTINCTIVE
BORDER
UPON
THIS
MAP,
HEREBY
ARE

DEDICATED TO
THE
CITY
OF
LATHROP.

THIS
MAP
SHOWS

ALLEASEMENTS OF
RECORD
ON

THE PREMISES
OWNER:

HOVNANIAN
HOMES

NORTHERN

CALIFORNIA,
INC,
A

CALIFORNIA

CORPORATION

PRINTED
NAME.

SIGNATURE.

DATE: TITLE: OWNER' S
ACKNOWLEDGEMENT:

A
NOTARY
PUBLIC
OR
OTHER

OFFICER

COMPLETING
THIS

CERTIFICATE
VER1F1ES
ONLY
THE

IDENTITY
OF
THE

INDIVIDUAL
WHO
SIGNED

THE DOCUMENT TO
WH1CH
THIS

CERTIFICATE IS

ATTACHED,
AND
NOT
TH
E

TRUTHFULNESS,

ACCURACY,
OR

VALIDITY OF
THAT
DOCUMENT.

STATE
OF

CALIFORNIA (
SS

COUNTY OF
ON
2024,
BEFORE
ME
A
NOTARY

PUBLIC,

PERSONALLY

APPEARED
WHO

PROVED TO
ME
ON
THE
BASIS
OF

SATISFACTORY

EVIDENCE TO
BE
THE
PERSON
WHOSE
NAME
IS

SUBSCRIBED TO
THE
W ITH
IN

INSTRUMENT
AND

ACKNOWLEDGED TO
ME
THAT
HE

EXECUTED
TH
E
SAME
IN
HIS

AUTHORIZED

CAPACITY,
AND
BY
HIS

SIGNATURE ON
THE

INSTRUMENT THE PERSON,
OR
ENTITY
UPON
BEHALF
OF
WHICH
THE
PERSON
ACTED,

EXECUTED THE
INSTRUMENT.
1 CERTIFY
UNDER

PENALTY OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING

PARAGRAPH IS
TRUE
AND
CORRECT.

WITNESS
MY
HAND:

SIGNATURE: PRINTED
NAME,
NOTARY

PUBLIC IN
AND
FOR
SAID
COUNTY
AND
STATE

PRINCIPAL

COUNTY OF
BUSINESS:

COMMISSION
EXPIRES:

COMMISSION N
OF
NOTARY:

SHEET
N0.
48)
05- 30- 2024
1P10om
Ian
Macoon
ma
P.\
25225\ SRV\
UTPPIN
O\ FM\ 1R
3225
F2- 01. DWG NO

VICINITY
M
AP
NOT
TO
SCALE

SURVEYOR' S
STATEMENT:

THIS
W MAP
AS

PREPARED BY
ME
OR
UNDER
MY

DIRECTION
AND
IS
BASED
UPON A
FIELD
SURVEY
M
ADE
IN

CONFORMANCE
WITH
THERE001REMENTS OF

THE SUBDIVISION
MAP
ACT
AND
LOCAL

ORDINANCE AT

THE REQUEST OF ,
IN
JUNE,
2019.

I
HEREBY
STATE
THAT
THIS
FINAL
MAP

SUBSTANTIALLY

CONFORMS TO

THE APPROVED OR

CONDITIONALLY

APPROVED

VESTING
MAP.

TENTATIVE
1 FURTHER
STATE
THAT
ALL

THEMONUMENTS
SHOWN
HEREON
WILL
BE
OF
THE

CHARACTER
AND
OCCUPY

THE POSITIONS

INDICATED
BEFORE
SAID
FINAL
MAP
1MPROVEMENTS
ARE

ACCEPTED BY
THE
CITY
OF

LATHROP,
AND
THAT
SAID

MONUMENTS
WILL
BE

SUFFICIENT TO
ENABLE
THIS

SURVEY TO
BE RETRACED.

DATED
THIS
DAY
OF
2024.

IAN
BRUCE
M

ACOONALD
LS
NO.
8817,
RIGHT
TO
FARM
STATEMENT:

PER
CITY
OF

LATHROP
CODE
OFORDINANCES.

TITLE
15 CHAPTER 15. 48. 04,
THE
CITY
OF

LATHROP
PERM
ITS

OPERATION OF

PROPERLY

CONDUCTED

AGRICULTURAL

OPERATIONS WITHIN THE
CITY

LIMITS,

INCLUDING
THOSE
THAT

UTILIZE

CHEMICAL

FERTILIZERS
AND
PESTICIDES.

YOU
ARE
HEREBY

NOTIFIED
THAT

THE PROPERTY
YOU
ARE

PURCHASING
MAY
BE

LOCATED
CLOSE
TO

AGRICULTURAL
LANDS
AND
OPERATIONS.

YOU
MAY
BE

SUBJECT
TO

INCONVENIENCE OR

DISCOMFORT

ARISING
FROM
THE
LAWFUL
AND
PROPER
USE
OF

AGRICULTURAL

CHEMICALS
AND

PESTICIDES
AND
FROM
OTHER

AGRICULTURAL

ACTIVITIES,

INCLUDING
LIMITATION. WITHOUT

CULTIVATION,
PLOWING.

SPRAYING,

IRRIGATION,

PRUNING ,

HARVESTING,

BURNING OF

AGRICULTURAL
WASTE

PRODUCTS,

PROTECTION OF
CROPS
AND

ANIMALS
FROM

DEPREDATION,
AND
OTHER

ACTIVITIES
WHICH
MAY

GENERATE
DUST.

SMOKE ,
NOISE,
ODOR,

RODENTS
AND
PESTS .

BE
AWARE
ALSO,
THAT
THIS

PROPERTY
MAY
BE

LOCATED

ADJACENT
TO

AGRICULTURAL

OPERATIONS

OUTSIDE
THE
CITY '
S
JURISDICTION .

CONSEQUENTLY,

DEPENDING ON
THE

LOCATION OF
Y
OUR PROPERTY , a
MAY
BE

NECESSARY
THAT
YOU
BE

PREPARED TO
ACCEPT
SUCH

INCONVENIENCES OR

DISCOMFORT AS
NORMAL
AND

NECESSARY

ASPECTS OF

LIVING IN
AN

AGRICULTURALLY
ACTIVE
REGION.

STATEMENT
OF
SOILS
REPORT:

A
SOILS
REPORT
ENTITLED, "
HARRIS

PROPERTY,

LATHROP,

CALIFORNIA ,
000100HNICAL

EXPLORATION,

PROJECT
N0.
16252. 000. 000
AND
DATED
JULY
11,
2019,
HAS
BEEN

PREPARED
FOR
THIS

PROJECT
BY
ENGEO

INCORPORATED,
AND
THE
LETTER
OF
THIRD
PARTY

RELIANCE,
DATED
DECEMBER 13,
2023.

ARE
ON
FILE
WITH
THE
CITY
OF
LATHROP.

TA
ANY
APPROV

ALTERATIO
THEREO
FURTHE
STAT
THA
THIS
FINA
MA
COMPL
WIT

ALLAPPLICABLE

ORDINANCES OF
THE
CITY
OF

LATHROP,
AND
ANY

AMENDMENTS

THERETO,

APPLICABLE AT
THE
TIME
OF

APPROVAL OF
THE

VESTING

TENTATIVE
MAP.

DATED
THIS
DAY
OF
2024.

BRAD
R.

TAYLOR,
R. C .

E.
92823
CITY

ENGINEER OF
THE
CITY
OF

LATHROP,

CALIFORNIA
CITY

CLERK' S
STATEMENT:
1,
TERESA
VARGAS.

CITY
CLERK
AND
CLERK
OF

THE CITY

COUNCIL
OF

THE CITY
OF
LATHROP.

STATE
OF

CALIFORNIA,
DO
HEREBY
STATE
THAT

THE HEREIN

EMBODIED
MAP
ENTITLED "
TRACT
NO
3225

SUBDIVISIONS OF
SAN

JOAQUIN
COUNTY.

MOSSDALE

LANDING -
NEIGHBORHOOD 12"

CONSISTING OF
FOUR (
4)

SHEETS, WAS

PRESENTED TO
SAID
CITY
COUNCIL.

PROVIDED BY
LAW,
AT
A

REGULAR

MEETING

THEREOF,
HELD
ON
THE
DAY
OF
2024,
AND
THAT
SAID
CITY

COUNCIL
DID

THEREUPON BY
RESOLUTION NO.

DULY
PASS
AND
ADOPT
AT
SAID
MEETING.

APPROVE
SAID
MAP.

AND

AUTHORIZE ITS

RECORDATION
AND
DO
HEREBY
ACCEPT
ON
BEHALF
OF
THE
CITY
OF

LATHROP,
FOR
PUBLIC
USE,
THE
000/ CAPON OF
ALL

EASEMENTS ,

ABUTTERS
RIGHTS
OF
ACCESS
AND
WATER

RIGHTS ,
AND
ACCEPT

THE OFFER
OF

DEDICATION OF
ALL

STREETS AS
SHOWN
ON
SAID
MAP

SUBJECT TO
THE

IMPROVEMENTS
BEING

COMPLETED,
IN

ACCORDANCE
WITH
CHAPTER 16,
TITLE

16. 16
OF
THE
CITY
OF

LATHROP

MUNICIPAL
CODE.

FURTHER
STATE
THAT
ALL
BONDS
AS

REQUIRED BY
LAW
TO

ACCOMPANY THE WITHIN
MAP
HAVE
BEEN

APPROVED BY
THE
CITY

COUNCIL
OF
THE
CITY
OF

LATHROP
AND
FILED
IN
OFFICE.

MY DATED
THIS
DAY
OF
2024 .

TERESA
VARGAS
CITY
CLERK
AND
CLERK
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
LATHROP.

COUNTY
OF
SAN

JOAQUIN,
STATE
OF

CALIFORNIA SECRETARY OF
THE

PLANNING

COMMISSION' S
STATEMENT:

THIS
MAP

CONFORMS TO
THE

VESTING

TENTATIVE
TRACT
MAP
N0.
3225

APPROVED BY
THE

PLANNING

COMMISSION ON
THE
2024.

DATED
THIS
DAY
00 RICARDO
060014T

SECRETARY OF

THE PLANNING

COMMISSION

COMMUNITY

DEVELOPMENT

DIRECTOR
COUNTY

RECORDER' S
STATEMENT:
2024
FILED
THIS
DAY
OF
2024,
AT .

IN
BOOK

OF MAPS
AND
PLATS.

AT
PAGE
AT

THE REQUEST OF
FEE:

S
BY:

STEVE J.

BESTOLARIDES

ASSISTANT/ DEPUTY

RECORDER

ASSESSOR -

RECORDER -
COUNTY
CLERK
SAN
304401N

COUNTY,
CALIFORNIA SHEET 1
OF
4 25225- RES
OS -
30- 202.
177. 177° 9
BNDY_
123
1 I
P -
Im
bgym
ml
NB9°
O6' S0' W
1 266TB'
9- m(

8. 1)
I
T. 15..

6. 56
5E0
34 9. 0.

13.0 34.

25.,
R. 51
50C
3 14. 0.

13. 54/ 1
289
II
23' 1
CRY
OF

LATHROP
Am191- 190- 15
N82
6 1
86N
R25
a
M
4 M(R
23 889° 06' 50" W
597,
2)_ _ 43BNOY( RN89' 06' 50' w
1100.
54'( 6- 1)_
N89' 06'
50'
W
1097. 87'( 1)8- I°
n
Moc Dono
id
o.\
15225\ SW\ M8PPING\ 1M\ TP
3225 \
M02.

OWG
CRY
00 L4THROP INSTRUMENT
N 0.
2004- 289129
N87° 59' 116. I
35' W 52'( 6. 3)
N82.- 500. 6 ( 5470;
13' O( flzS) M- M( fl- 4)
SANGHA DOC ND. 2015- 015582
351. 28'( 2)R- PARCEL A
10 PM
53 0
M -
M

MONUMENT TO

MONUMENT
M -
ML

MONUMENT TO

MONUMENT
LINE
M -
PL

MONUMENT TO

PROPERTY
LINE
LE

LANDSCAPE

EASEMENT
PUE
PUBLC

UTILITY

EASEMENT
M@P
MAPS
AND
PLATS
WE
WALL

EASEMENT
8)
RADIAL

BEARING
RECORD

DISTANCE
S .

J.C. R.

SAN
408041N
COUNTY

RECORDS
3)

INDICATES
SHEET
NUMBER
NOTES:

1. ALL

DISTANCES
SHOWN

ARE GROUND
LEVEL
DISTANCES.

2. TRACT
3225.

MOSSDALE

LANDING -
NEIGHBORHOOD 12
CONTAINS 66

RESIDENTIAL
LOTS.

CONTAINING 13. 26

ACRES ,
MORE
OR
LESS,

INCLUDING THE ROADWAY
THAT
IS
BEING

DEDICATED BY
THIS
FINAL
MAP,
ALL
SHOWN
HEREIN .

REFERENCES: 7R- 11
TRACT
N0 .
3379,
MAPS
68 PLATS
BK .
39,
PG.
22 ,
S. J. C .

R .

R- 2
DOC.

N0 .
2003- 292238,
S. J. C .

R- 3
DOC.

N0 .
2003- 292239,
S. J .

C .

R- 41
TRACT
N0 .
3437,
MAPS
68 PLATS
BK .
40,
PG.
49 ,
S. J. C. R .

BASIS
OF
BEARINGS:

THE BEARING
NORTH
01' 50' 30 "
WEST
BETWEE
THE
FOUND

MONUMENTS ON
MCKEE

BOULE VARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS .

AT
PAGE

22. SAN
408001N
COUNTY

RECORDS,
WAS
USED
AS
THE
BASIS
OF

BEARINGS
SHOWN
HEREON .

TRACT
NO.
3225

SUBDIVISIONS OF
SAN

JOAQUIN
COUNTY

MOSSDALE

LANDING -
NEIGHBORHOOD 12
SAN
40004IN
COUNTY

RECORDS,

BEING A

PORTION OF

SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
of
6879401
SAN

JOAQUIN

COUNTY,

CALIFORNIA
SHEET 2
OF
4 MACKAY &
somPs

ENGINEERS

PLANNERS

SURVEYORS
51426

FRANKLIN
DR,
SURE
B

PLEASANTON,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
5 00
288
al/
fo
23'
28'
LEGEND
ss0D2 4
SF
088' 09'
47'
6 110.
00'
6600, 3
SF
N84'
O9' 47' 0
110. 00'
6600± 4
SF
N88' 09'

47. 0
110.
00'
66001 5
SF
NB8° 09' 47' 1
110. 00'
6fi006±
SF
488°
09' 47" E
110.
00'
0 PUE
66004
SF
488° 09' 47' E
110.
00'
8 PUBLIC

UTILITY

EASEMENT
MAPS

AND PLATS
WALL

EASEMENT
RADIAL

BEARING
RECORD

DISTANCE
SAN

JOAQUIN
COUNTY

RECORDS
BASIS
OF
BEARINGS .

THE

BEARING
NORTH
01' 50' 30
WEST

BETWEEN
THE
FOUND

MONUMENTS ON
MCKEE

BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
PSMA
AND
PLATS,
AT
PAGE
22,
SAN

JOAQUIN
COUNTY

RECORDS, WAS USED
AS
THE
84015
OF

BEARINGS
SHOWN
HEREON.

DISTINCTIVE
BORDER
RICHT
OF
WAY
LINE
LOT

LINE/ PARCEL
LINE

SECTION
LINE

EXISTING

PROPERTY
LINE

EASEMENT
LINE

MONUMENT
LINE
11111

RELINQUISHMENT OF

ABUTTER' S
RIGHTS
O
FOUND 2
I/
2'
BRASS
DISK
N

CONCRETE

MONUMENT

BOX UNLESS

OTHERWISE
NOTED
05- 30- 2014
12'.
0)
0+ ,
0,
6=
04=
808
P \
25275\ SPV\ Y4PPINC\
D
AVIT
3225
00-

03. Dw
6 0
M
N07
6 I
371889°
2' 04( 4)
100. 32'
8=2°12' 0= 41 12
66'
10'
PUE
67758 22 468° 5F 47'
09'
6 100. 00'
64501 21
SF
NB8° 09' 47' 6
100. 00'
6450-4 20
SF
NOB° 09' 47' E
100. 00'
6450- 19
SF
NB8°
09'
47'
6 100. 00
64504- 18
SF
488° 09' 47E
125. 10' 10'
PUE
488° 09' 47' E
100.
00'
SNP C
Ex CL M -
M
M -
ML
M -
PL
LE
17 8
t -
Im
m a 0 0
107
05 N7
7 L=42. 42'
10'
PUE 73344 24
SF
r41° 50' 13' W20. 49
62624 25 8= SF
3°55
42'
L=22. 49'
v
2- L= 8=4° 59' 52' 28. 61' - -
o
pp,
1 36. 6
LN88° 10' 21' 0
R=
328. 00

19. 71'
A=8° 34•55'
82° 054'
L=51. 10'
141
R=9D. 0D'
C)---
46- 8° 10' 21-' 6
d=19° 20' 18'

67. 70'
m

46. 69' - -
L=30. 59'
ee• oo°,
466° 10' 21. E14, 69'
WEATHERVANE25 5O

2. 2. 2.: 2. 5'
M.
y
482° 54' 173. W05•
97'
272. R=
00'

4. 29'
d=8° 34' (
55' 42. L=
38' - ,
412
71854
SF 39° 9= L 47•36'

45. 63,
S 6-
28'
SET
2 1/
2'
BRASS
DISK

STAMPED '
LS
8017'
IN

MONUMENT
BOX
PER
CITY
OF
6005608

STANDARDS
ANGLE

POINT CENTERLINE BOUNDARY EXISTING MONUMENT TO

MONUMENT

MONUMENT TO

MONUMENT
LINE

MONUMENT TO

PROPERTY
LINE

LANDSCAPE

EASEMENT
79360
5F N88' 10' 2116
M&P PUE R) WE S .

J.C. 3:R.
60004
SF
4182.
54' W05"
85654
SF
73604
SF
480°
09'
476
120. 24'
55 SEE
SHEET 4

INDICATES
SHEET
NUMBER
76320 00
SF
73124
SF
64 6864±
SF
12604±
SF
8131±
SF
A =
5°20' 05 "
L=6. 15'
R=90. 00'
A419° 20' 18 " 31
L=30. 59'
67454
SF
67200
SF
482' 34' 30 '
W
712. 00'
10POE
6720±
SF
34 Curve
Table
Curve 4
Radius
Delta
Length
C1

20. 00'
90 '
00' 00'

31. 42'
C2

20. 00'
90 '
00' 00'
31 .
42'
NOTES:

1. ALL DISTANCES
SHOWN

ARE GROUND
LEVEL
DISTANCES .

2. TRACT
3225,

MOSSOALE

LANDING -
NEIGHBORHOOD 12
CONTAINS 66

RESIDENTIAL
LOTS,
CONTAINING 13 .
26 ACRES.

MORE
OR
LESS ,

INCLUDING THE

ROADWAY
THAT
IS
BEING

DEDICATED BY
THIS
FINAL

MAP, ALL
SHOWN
HEREIN.

TRACT
NO.
3225

SUBDIVISIONS OF
SAN

JOAQUIN
COUNTY
M0SS0ALE

LANDING -
NE
IGHBORH000 12
SAN

JOAQUIN
COUNTY

RECORDS,

BEING A

PORTION OF

SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE &

MERIDIAN
CITY
OF

LATHROP
SAN

JOAOUIN

COUNTY,

CALIFORNIA
REFERENCES: R- 1
TRACT
N0.
3379,
MAPS &
PLATS
BK.
39,
PC.
22,
S .

J .

C .

R- 2
DOC .

NO.
2003- 292238. S .

J.C .

R- 3
DOC.

NO .
2003- 292239, S .

J.C .

R- 41
TRACT
N0.
3437,
MAPS &
PLATS
BK.
40,
PC.
49,
S. J. C. R .

SHEET
3 OF
4 mACKAY &
sonPs

ENGINEERS

PLANNERS

SURVEYORS
51428

FRANKLIN DR,
56170
B

PLEASANTON ,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES
47 888° 09' 47" E
110
00 6600'- 10
SF
888° 09' 47° 6
110.
00 sso041
SF
988°
09'
47°
E
110. 00'
10'
PUE
o ,?-°
2 m
7885'
SF
a
R= 20.
00'
il
jr5=
87° 16'
40'
L=

30. 47'
Y
289°
0' S0' W

3.04'
286. 088'
8- 11
I
I
M -
26 PL
76 r
33'
1, mll
91 .
05 10
47 888
47 64506 15 888° 5F
09'
100.
47' 4
00 64504 14
5F 888°
09' 47° E
100. 00'
76424 13
SF
79, 14'
0-
10'
PUE
889° 06' 50" W
170. 19'
989° 06' 50° W
271, 31'
8' M
244. 28'
M. N.

53. 78'
l',
258=
20,
00'
02: 0403: 27°
L=32. 71424 48 37'
SF

70. 00'

60. 00'
28'
p 2B'
ti
P
pti?
A
60006 47
SF

60. 00'

60. 00'
60001 46
SF

60. 00' `
L'
88° 09' 47' 4
100. 80'
10'
POE
82349
5F
SA
N82° 34' 830'
104, 86'
6146! 61
SF
1 12,0
1 82° 34' 30

00. 0
60 102
78894
SF
I
N
i0'
PUE

74. 74'

75. 67'
889° 06' 50' 8
150, 42'
L
06' N89°
50"
8 238. 19'
M -
M _ _
APPLE
GROVE

AVENUE -
R. 90, 00.
589°
06' 50' 8
3] 5. 19' +
02 22' 9' 8P59 .
578 °
39' 02" W( RJ
25 60.
00'
NO 53 o E

00. 00
60004 45
SF

60. 00'

60. 00'
NO 53' 1O E 100. 00'
60004 44
5F

60. 00'

60. 00'
N0° 53' 10' 0 100. 00'
C00
0"

LATHROP
989° 06' 50" W
597. 43'
BNDY
T.

15. , R 5E.

SEC
34 610. 3
739
APN
131- 100- 15 T_ 25. ,

6. 56.

SEC
3 MD5.

NM.

CITY
OF
LATHROP 190765MENT NO.
2004- 249120
05- 30- 2514
12P
nm
ion
M0000noie
P-\
2512625\ SP
MAPW.
4 \
FM\ TR
3225
1M04.
006
60004 43
5F

60. 00'
V.

21. 41'
5=8°10' 28 °, 5=9. 42' "
60764 42
SF
62, 00'
9=68
5=40° 02' 23 '
L =
4612' 66184 41

96. SF 01'
I

0. 9°54' 01'
38 L=15. 55'
6713!
SF
0182 °
34' W30'
110. 66'
587 °
31' 29
EIq)
5=10 °
37' 58 °
L816. 70'
U
SEC
LIN

EXISTING

PROPERTY
LINE

EASEMENT
LINE

MONUMENT
LINE
i
i
i
i

RELINQUISHMENT OF

ABUTTER' S
RICHES
O
FOUND 2
1/ 2 '
BRASS
DISK
IN

CONCRETE

MONUMENT

BOX UNLESS

OTHERWISE
NOTED
qD
SET
2 1/ 2 "
BRASS
DISK

STAMPED '
LS
8817'
IN

MONUMENT
BOX

PER CITY
OF

LATHROP

STANDARDS
ANGLE
POINT
BND0

BOUNDARY
CL

CENTERLINE
Ex

EXISTING
M -
M

MONUMENT TO

MONUMENT
M -
ML

MONUMENT TO

MONUMENT
LINE
M -
PL

MONUMENT TO

PROPERTY
LINE
LE

LANDSCAPE

EASEMENT
PUE
PUBLIC

UTILITY

EASEMENT
M&P
MAPS
AND
PLATS
WE
WALL

EASEMENT
R)
RADIAL

BEARING
RECORD

DISTANCE
SAN
2005015
COUNTY

RECORDS

INDICATES
SHEET
NUMBER
NOTES:

1. ALL

DISTANCES
SHOWN

ARE GROUND
LEVEL
DISTANCES .
2 TRACT
3225,

MOSSDALE

LANDING -
NEIGHBORHOOD 12
CONTAINS 66

RESIDENTIAL
LOTS,
CONTAINING 13. 26
ACRES,
MORE
OR
LESS.

INCLUDING THE ROADWAY
THAT
IS
BEING

DEDICATED BY
TH15
FINAL
MAP,
ALL
SHOWN
HEREIN .

REFERENCES: 1R- 11
TRACT
N0.
3379,
MAPS
@
PLATS
BK .
39,
PG .
22,
S. J .

C .

R .

R- 2R- 3R- 4
DOC.

N0 .
2003- 292238 ,
S. J .

C .

R .

DOC. N0.
2003- 292239 ,
S. J. C .

R .

TRACT
N0.
3437, MAP
PLATS
BK .
40,
PG.
49,
S .

J.C. R.

BASIS
OF
BEARINGS:

THE

BEARING
NORTH
01 '
50' 30 "
WEST

BETWEEN
THE
FOUND

MONUMENTS ON
MCKEE

BOULEVARD AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS,
AT
PAGE
22,
SAN

JOACUIN
COUNTY

RECORDS, WAS USED
AS
THE
BASIS
OF

BEARINGS
SHOWN
HEREON . TRACT
NO .
3225

SUBDIVISIONS OF
SAN

JOAQUIN
COUNTY

MOSSDALE

LANDING -
NEIGHBORHOOD 12
SAN

JOAQUIN
COUNTY

RECORDS,

BEING A

PORTION OF

SECTION
34,
TOWNSHIP 2
SOUTH,
RANGE 6
EAST,
MOUNT
DIABLO
BASE
8 MERIDIAN
CITY
OF

LATHROP
SAN

JOAQUIN

COUNTY,

CALIFORNIA
SHEET 4
OF
4 mACKAY &
sus

ENGINEERS

PLANNERS

SURVEYORS
51426

FRANKLIN DR,
SUITE
B

PLEASANTON,
CA
94588 (
925) 225- 0690
APRIL
2024
25225- RES

EXHIBIT B

CITY INSURANCE REQUIREMENTS

1. The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A. M. Best Company rating Insurance rating of no less than A: VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least $ 1, 000,00 for each occurrence and $ 2, 000,00in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self- insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss. c. Include a statement that, "the insurer will provide to the City at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
aoRD CERTIFICATE OF LIABILITY INSURANCE
ATE
c12/ 202023D/ YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER
Marsh USA LLC
1717 Arch Street
Philadelphia, PA 19103- 2797
Attn: philadelphia. certs@marsh. comor 212- 948- 0360
CN101314853-- GAW- 23-5

CONTACT
NAMEPHONE: FAX
A/ C. No. Ext): ( A/ C, No):

E- MAIL
ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A : National Fire & Marine Insurance Co 20079

INSURED
K. Hovnanian Homes Northern
California, Inc.
3721 Douglas Blvd., Suite 150
Rosseville, CA 95661
INSURER B : NIA N/ A
INSURER C : Liberty Mutual Insurance Corporation 23043
INSURER D : The First Liberty Insurance Corporation 33588 INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: CLE- 007166755- 02 REVISION NUMBER: 11

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LT TYPE OF INSURANCE INSD INSD
SUBR

WVD POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY)

POLICY EXP

MM/ DD/ YYYY) MM D/ YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 42- HBL- 331833- 01 10/ 31/ 2023 10/ 31/ 2025 EACH OCCURRENCE 5, 000,00 DAMAGE R ED PREMISESO( Eaoccurrence) CLAIMS - MADE X OCCUR 5, 000,00 MED EXP ( Any one person) X SIR $ N/ A
250, 00 PREM- OPS
PERSONAL & ADV INJURY X 5, 000,00
GEN' L GENERAL AGGREGATE 5, 000,00
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
PROJECT
PER:

LOC PRODUCTS - COMP/ O AGG 5, 000,00

C AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

SCHEDULED
AUTOS

NON - OWNED

AUTOS ONLY
AS5- 621- 095402- 023 10/ 31/ 2023 10/ 31/ 2024 COMBINED SINGLE LIMIT Ea accident) 2, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)

PROPERTY DAMAGE
Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS - MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $

D WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N N/ A
WC6- 621- 095402- 013 (AOS) 10/ 31/ 2023 10/ 31/ 2024 x PER

STATUTE
OTHER
E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: Mossdale Landing 66 in Lathrop, CA
Additional Certificate Holder: City of Lathrop, Brad Taylor, 390 Towne Centre Drive, Lathrop, CA 95330.

Lathrop Mossdale Investors, LP and the City of Lathrop, The City, elected officials, employees, agents and volunteers are included as additional insured ( except for workers' compensation) where required by written contract, provided such contract was executed prior to the date of loss.

CERTIFICATE HOLDER CANCELLATION
Lathrop Mossdale Investors, LP
Please see above for additional Certificate Holder details.

Jeffrey Abramson
1480 Moraga Road Suite C # 421
Moraga, CA 94556

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: CN101314853
LOC #: Philadelphia
ACOR ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
Marsh USA LLC

POLICY NUMBER

CARRIER NAIC CODE

NAMED INSURED
K. Hovnanian Homes Northern
California, Inc.
3721 Douglas Blvd., Suite 150
Rosseville, CA 95661
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The policies referenced on this certificate may be subject to retained limits, self -insured retentions or deductibles.

The ACORD name and logo are registered marks of ACORD

EXHIBIT C

TOTAL IMPROVEMENT ESTIMATE
25225
5/ 29/024
GA

BOND ESTIMATE
MOSSDALE LANDING, NEIGHBORHOOD 12
TRACT 3225

LATHROP, CALIFORNIA
Based on Unapproved 1st Submittal Improvement and Grading Plans prepared by MacKay & Somps dated May 2024

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING AND STREETWORK

1. 50, 278 YDS Rough grading 4. 00 $ 201, 10

2. 24, 142 CY Import ( in -tract) 10. 00 $ 241, 420

2. 132, 788 SF Finish grade street 0. 25 $ 33, 200

3. 64,48 SF Structural Section (4" AC, 4"AB, 12" LTB) 4. 00 $ 258, 590

4. 1 LS Signing and Striping 25, 000. $ 25, 000

5. 8 EA Survey Monuments 800. 00 $ 6, 400

6. 927 LF 9' Community Wall 175. 00 $ 162, 230

7. 577 LF 6' Community Wall 150. 00 $ 86, 550
ESTIMATED TOTAL GRADING AND STREETWORK: $ 1, 014, 500
B. CONCRETE WORK

1. 5, 043 LF 6" Standard curb and gutter 16. 00 $ 80, 690

2. 26, 374 SF 6" Sidewalk 5. 00 $ 131, 870

3. 8 EA Curb Return and Handicap Ramp 2, 500. 0 $ 20, 000

4. 66 EA Driveways 725. 00 $ 47, 850
ESTIMATED TOTAL CONCRETE WORK: $ 280, 410
C. SANITARY SEWER WORK

1. 11 EA Manholes including reset to finish grade and vacuum test 6, 000. $ 66, 000

2. 2, 162 LF 8" Pipe including backfill 32. 00 $ 69, 180

3. 54 EA 4" Laterals w/ cleanouts 1, 000. $ 54, 000

4. 1 EA Connect to Existing 1, 500. 0 $ 1, 500

5. 2, 162 LF Dewatering ( Wells/ Pumps/ipes) 88. 50 $ 191, 340 ESTIMATED TOTAL SANITARY SEWER WORK: $ 382, 00
D. STORM DRAIN WORK

1. 3 EA Storm Drain Manhole including reset to finish grade 3, 200. 0 $ 9, 600

2. 231 LF 15" Polypropylene ( Type S) Storm drain pipe 65. 75 $ 15,90

3. 1, 571 LF 18" Polypropylene ( Type S) Storm drain pipe 66. 00 $ 103, 690

4. 9 LF 30" Polypropylene ( Type S) Storm drain pipe 105. 00 $ 950

5. 18 EA Curb inlet 3, 800. 0 $ 68, 400

6. 1 EA Connect to Existing 1, 500. 0 $ 1, 500

7. 1 LS Erosion/ Water Pollution Control 25, 000. $ 25, 000 ESTIMATED TOTAL STORM DRAIN WORK: $ 224, 330
Mossdale Landing - Qty Estimate( 2024. 05. 14). xls 1 of 2 25225
5/ 29/024
GA

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
E. WATER SYSTEM WORK

1. 2, 169 LF 8" Potable Water Main including fittings 30. 00 $ 65, 070

2. 6 EA Fire hydrant assembly 5,00. 0 $ 33, 000

3. 54 EA 1" Services 1, 200. 0 $ 64, 800

4. 66 EA Meter boxes 100. 00 $ 6,00

5. 2 EA Remove flange & connect 1, 500. 0 $ 3, 000

6. 8 EA 8" Butterfly Valves 800. 00 $ 6, 400

7. 1 EA Water Sampling Station 2, 500. 0 $ 2, 500
ESTIMATED TOTAL WATER SYSTEM WORK: $ 181, 370
F. DEMO OF EXISTING RECYCLED WATER BASIN AND WITHIN RIGHT- OF- WAY

1. 1 LS Demo for Basin A Only 566, 36. 00 $ 566, 370

2. 1 LS Demo including pavement removal within the Right -of -Way 5, 000. $ 5, 000 ESTIMATED TOTAL DEMO WORK: $ 571, 370
G. MISCELLANEOUS CONSTRUCTION

1. 2,77 LF Joint Trench 60. 00 $ 136, 620

2. 16 EA Streetlights 3, 500. 0 $ 56, 000

3. 27, 830 SF Landscape and Irrigation 10. 00 $ 278, 300 ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $ 470, 920

SUMMARY
A GRADING AND STREETWORK $ 1, 014, 500
B CONCRETE WORK $ 280, 410
C SANITARY SEWER WORK $ 382, 00
D STORM DRAIN WORK $ 224, 330
E WATER SYSTEM WORK $ 181, 370
F DEMO WORK $ 571, 370
G MISCELLANEOUS CONSTRUCTION $ 470, 920
TOTAL CONSTRUCTION COST: $ 3, 124, 920
10% CONTINGENCY: $ 312, 492
TOTAL COST: $ 3, 437,12
NOTES

1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate.

2. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation.

3. All items include all materials necessary for complete installation.

4. All underground utilities unit prices include trenching, backill, and all other necessary items for installation.

5. Fire hydraunt assemblies include valve, run and reflective blue marker.

6. Joint trench not included.

Prepared by the firm of

MACKAY & SOMPS
Mossdale Landing -Qty Estimate( 2024. 05. 14). xls 2 of 2 ATTACHMENT " E

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
June 10, 2024
Via Email
Jules Fulop
First American Title Company
4750 Willow Rd., Suite 275
Pleasanton, CA 94588
Email: jfulop@firstam. com
Re: Recordation of Final Map 3225; Escrow # xxxxxx
Dear Jules:

This letter constitutes the joint escrow instructions (" Escrow Instructions") of K. Hovnanian Homes Northern California, Inc., a California Corporation (" KHOV") and the City of Lathrop City") in connection with the above -referenced escrow (" Escrow"). The Escrow was opened in connection with recordation of the above -referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." First American Title Company is referred to as you" or " FATCO."
A. Date for Closing
The Final Map will be recorded at the time designated by KHOV as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by December 31, 2024, at the time designated in writing by KHOV, subject to satisfaction of the conditions set forth below (" Closing"). Ifthe Final Map has not been recorded by December 31, 2024, FATCO will return the Final Map to the City.

B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and KHOV for recordation in the Official Records of San Joaquin County, California (" Official Records").

B. 1. One original Final Map for Tract 3225, executed and acknowledged by the City and KHOV ( provided to FATCO by City).

The documents listed in Item B. 1, B. 2, and B. 3 above are referred to as the " Recordation Documents." The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.
1 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
C. Funds and Settlement Statement
You also have received, or will receive from KHOV, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the settlement statement prepared by you and approved in writing by both KHOV and City Settlement Statement"): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility ofKHOV.

Funds to be wire transferred directly to the City, immediately upon recordation of the Final Map, in accordance with the wire transfer instructions for each entity are as follows:

1. The amount of $215,9, payable to the City pursuant to that certain Subdivision Improvement Agreement ( referred to as " SIA"), is to be transferred to the City upon recordation of the Final Map.

2. The amount of $563, 021. 84, payable to the City pursuant to that certain SIA, is to be transferred to the City upon recordation of Final Map.

The City' s
wire instructions are set forth below. The amounts set forth in Section C are referred to as the " Closing Funds."
D. Closing Requirements
When the following has occurred, you are authorized to close the Escrow at the time and in accordance with the process set forth below:

D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Robert Sprague ( RSprague@KHOV. COM), (b) Ethan Meltzer EMeltzer@KHOV. COM ), ( c) John Baayoun ( JBaayoun@KHOV. COM), ( d) Brad Taylor btaylor@ci. lathrop. ca. us), ( e) Salvador Navarrete ( snavarrete@ci. lathrop. ca. us), ( f) Sandra Lewis slewis@ci. lathrop. ca. us), ( g) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca. us), ( h) Monica Garcia mgarcia@ci. lathrop. ca. us), ( i) Teresa Vargas ( tvargas@ci. lathrop. ca. us), and ( j) Sarah Pimentel simentel@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Robert Sprague and Brad Taylor that the Settlement Statement is accurate and acceptable; D. 2.

Instructions;
You have not received any instructions contrary to these Escrow D. 3. The Recordation Documents have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions;
2 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
D. 5. You have delivered a
copy ofthese instructions, executed by an authorized
signatory of FATCO with authority to bind FATCO, by email transmission to Robert Sprague and Brad Taylor at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Robert Sprague and Brad Taylor to record the Recordation Documents and complete the Transaction.

E. Closing Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:

E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
E. 4. Refund any funds delivered to you by KHOV that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:

K. Hovnanian Homes Northern California, Inc
3721 Douglas Boulevard, Suite 150
Roseville, CA 95661
Attn: Robert Sprague
E. 5. Notify (a) Robert Sprague ( RSprague@KHOV. COM), ( b) Ethan Meltzer EMeltzer@KHOV. COM ), ( c)John Baayoun ( JBaayoun@KHOV. COM), ( d) Brad Taylor btaylor@ci. lathrop. ca. us), ( e) Salvador Navarrete ( savarrete@ci. lathrop. ca. us), ( f) Sandra Lewis slewis@ci. lathrop. ca. us), ( g) Bellal Nabizadah (bnabizadah@ci. lathrop. ca. us), ( h) Monica Garcia mgarcia@ci. lathrop. ca. us), ( i) Teresa Vargas ( tvargas@ci. lathrop. ca. us), and ( j) Sarah Pimentel spimentel@ci. lathrop. ca. us), of the completion of the Transaction; E. 6. Within five ( 5) business days after the Recordation Date, deliver to: (1) Robert Sprague, K. Hovnanian Homes Northern California, Inc, 3721 Douglas Boulevard, Suite 150, Roseville, CA 95661; and ( 2) Brad Taylor, City Engineer, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:

A) a certified copy ofthe Recordation Documents, showing all recording information of the Recordation Documents; and
B) a certified copy of the final Settlement Statement.
3 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
F. Additional Instructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.

Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions below and returning it to both of the undersigned.

The Escrow Instructions may be modified only in a writing signed by both of the undersigned.

Very truly yours,
Stephen J. Salvatore
City Manager
City of Lathrop
Date John Baayoun Date
Division President
K. Hovnanian Homes Northern California, Inc.
4 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)

ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt of the foregoing Escrow Instructions from KHOV and the City is hereby acknowledged.

The undersigned agrees, for itself, and on behalf of FATCO, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to KHOV and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of FATCO.

First American Title Company
By:

Its:

Date:
5 PAGE LEFT

INTENTIONALLY
BLANK

Lathrop City CouncilJune 10, 2024

Lathrop City Council
June 10, 2024